IMPORTANT POINT
The testimony of a minor victim in sexual assault cases is crucial and can be the sole basis for conviction if it is credible, and trials under the POCSO Act should be expedited.

JUDGMENT :

RAJESH SINGH CHAUHAN, J.

1. Heard Shri Alok Kumar Mishra, learned counsel for the applicant and Shri Rajnish Kumar Verma, learned A.G.A., however, no one has appeared on behalf of the informant/ complainant.

2. As per learned counsel for the applicant, the present applicant is in jail since 02.05.2022 in Case Crime No. 227 of 2022, under Sections 323, 376 IPC and Section 3/4 POCSO Act, Police Station-Bilgram, District- Hardoi.

3. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as he has not committed any offence as alleged. As per prosecution story so narrated in the FIR, the present applicant has made wrong deeds with the daughter of the complainant/ informant, who is aged about eighteen years. As per the FIR, when the daughter of the complainant at about 8.00 P.M. went to defecate in the field, at that time the applicant came there and committed rape forcibly with her.

4. Learned counsel for the applicant has further submitted that the entire prosecution story is false and concocted inasmuch as the prosecutrix is major in age and she is the consenting party with the applicant and the prosecutrix is mentally fit but she is unable to speak and due to this reason, false and fabricated story was developed by the complainant against the present applicant.

5. Learned counsel for the applicant has further drawn attention of this Court towards Annexure No. 5 of the bail application, which is the statement of the prosecutrix recorded under section 164 Cr.P.C., wherein her statement has been recorded under pressure of her family members and this fact also reveals from the perusal of statement under Section 164 Cr.P.C. where she first time stated that the applicant has torn her cloths.

6. Learned counsel for the applicant has also submitted that the prosecution has not submitted any educational document of the prosecutrix and only on the basis of Aadhar Card and Medical Report, Section 3/4 POCSO Act has been added.

7. Learned counsel for the applicant has reiterated that the present applicant has no previous criminal history, therefore, the present applicant undertakes that he shall not misuse the liberty of bail, if so granted by this court and shall abide by all terms and conditions of the bail order and shall cooperate in the trial proceedings.

8. Learned A.G.A. has opposed the aforesaid prayer of learned counsel for the applicant and has submitted that the offence in question is so heinous in nature, therefore, the present applicant may not be released on bail. He has drawn attention of this Court towards Annexure No. 5 of the bail application, which is the statement of the prosecutrix recorded under section 164 of Cr.P.C., wherein in the presence of special instructor, the victim/prosecutrix after seeing the photocopy of driving licence of the applicant has identified that he is the one who tore my cloth and forcibly committed rape.

9. Learned A.G.A. has further drawn attention of this court towards Annexure No. 6, which is the copy of medical report, wherein the radiological age of the victim/prosecutrix is about 17 years. Hymen was not found, which supports the prosecution story, and also the statement of the prosecutrix/victim recorded under section 164 Cr.P.C has reiterated the version of statement recorded under section 161 Cr.P.C, therefore, the present applicant may not be released on bail.

10. Having heard learned counsel for the parties and having perused the material available on record, at the very outset, I would like to observe that the prosecutrix/ child, who was below 18 years at the time of incident, recorded her statements under Section 164 Cr.P.C. levelling specific allegation against the present applicant of committing rape with her. The entire statement recorded under Section 164 Cr.P.C. is read, the fact would emerge that in such statement, she has levelled specific allegation of rape against the present applicant.

11. In the statement of the pr